Delaware § 104 Trustee for wife with a mental disability; barring of dower

Delaware Statutes

§ 104 — Trustee for wife with a mental disability; barring of dower

Delaware § 104

Title25

PartGeneral Provisions

Ch. 1DEEDS

This text of Delaware § 104 (Trustee for wife with a mental disability; barring of dower) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 104 (2026).

Text

Any married man, seized of any real estate, whose wife has a mental disability, and who desires to sell and convey or to mortgage any such real estate, or any part thereof, may present his petition to the Court of Chancery, stating the facts. The Court may, if it considers it a proper case, make an order appointing a trustee for such married woman with a mental disability to join in any deed or mortgage on her behalf with her husband, and to sign, seal and acknowledge the deed or mortgage as such trustee in the same manner as deeds and mortgages are by law acknowledged.

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Any married man, seized of any real estate, whose wife has a mental disability, and who desires to sell and convey or to mortgage any such real estate, or any part thereof, may present his petition to the Court of Chancery, stating the facts. The Court may, if it considers it a proper case, make an order appointing a trustee for such married woman with a mental disability to join in any deed or mortgage on her behalf with her husband, and to sign, seal and acknowledge the deed or mortgage as such trustee in the same manner as deeds and mortgages are by law acknowledged.

Legislative History

17 Del. Laws, c. 616, § 1 ; Code 1915, § 3202; Code 1935, § 3663; 25 Del. C. 1953, § 104; 49 Del. Laws, c. 57, § 1 ; 70 Del. Laws, c. 186, § 1 ; 79 Del. Laws, c. 371, § 25